HomeMy WebLinkAboutbocc.con.074.23 - BOCCRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF
PITKIN COUNTY, COLORADO, APPROVING AND AUTHORIZING THE BOCC
TO ENTER INTO A CONTRACT WITH THE ROARING FORK CONSERVANCY
FOR ENVIRONMENTAL FLOWS ON THE FRYINGPAN RIVER FOR 2023
RESOLUTION NO. 010-2023
RECITALS
WHEREAS, Pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter
(“HRC”), all matters not required to be acted upon by ordinance or formal resolution may
be acted upon by informal resolution, and;
WHEREAS, the Roaring Fork Conservancy (“RFC”) has entered into a contract with the
Colorado River Water Conservation District a Political Subdivision of the State of
Colorado, for wholesale water supply, for instream flow (ISF) purposes exclusively within
the Fryingpan ISF reach between January 1 and March 31. RFC is seeking partnership to
contribute towards the costs of such water supply and;
WHEREAS, the RFC will coordinate with the Colorado Water Conservation Board to
request releases from the Colorado River Water Conservation District’s contracted Ruedi
Water’s sources of supply for instream flow purposes exclusively within the Fryingpan
instream flow reach between January 1 and March 31, and;
WHEREAS, the project will allow for environmental flows that will supplement
minimum flows for ecological flow targets in winter months and diminish detrimental
anchor ice from forming, and;
WHEREAS, the Healthy Rivers Board has recommended funding $50,000 towards the
project. The funds will be issued to the RFC upon execution of a contract between the RFC
and the BOCC for environmental flows on the Fryingpan River for 2023, and;
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County
to approve this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO,
APPROVING AND AUTHORIZING THE BOCC TO ENTER INTO A CONTRACT
WITH THE ROARING FORK CONSERVANCY FOR ENVIRONMENTAL
FLOWS ON THE FRYINGPAN RIVER FOR 2023 and authorizes the Chair to sign the
Resolution and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
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Contract No. 074-2023
Attached
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INTRODUCED, READ AND ADOPTED ON THE 8TH DAY OF FEBRUARY 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By _________________________ By: _____________________________
Julia Ely Francie Jacober, Chair
Deputy County Clerk
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________
John Ely, County Attorney
_________________________________ Phylis Mattice for Jon Peacock, County
Manager
Form Revised 01/01/2023
Feb-10-2023
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PITKIN COUNTY CONTRACT WITH THE ROARING FORK CONSERVANCY FOR
ENVIRONMENTAL FLOWS ON THE FRYINGPAN RIVER FOR 2023
This Contract is made as of February 8, 2023 between Pitkin County, herein referred to as
“County”, and the Roaring Fork Conservancy, Contractor, hereafter referred to as “RFC”.
Whereas, RFC, and Pitkin County wish to enter into a collaborative partnership for the provision
of environmental flows on the Fryingpan River.
1.Term and Renewal of Agreement: Absent any termination for cause under paragraph 5 of the
Agreement, the term of this Agreement shall continue, from February 8, 2023 to January, 31
2024, subject to budget appropriation and compliance with contract obligations,
2.RFC Obligations: RFC shall:
a)Manage funds for the environmental winter flows project on the Fryingpan River.b)Coordinate with the Colorado Water Conservation Board to request releases from
the Colorado River Water Conservation District’s (“District”) contracted Ruedi
Water’s sources of supply for instream flow purposes exclusively within the
Fryingpan ISF Reach between January 1 and March 31. If releases are needed
prior to January 1, RFC will request permission from the District and U.S. Bureau
of Reclamation for the releases. For any contracted Ruedi Water remaining after
March 31, RFC will request releases to preserve and improve the natural
environment to a reasonable degree within the 15-Mile Reach of the Colorado
River.c)Monitor flows used to preserve and improve the natural environment up to a rate
of 70 cfs.
d)Ensure Releases made to the 15-Mile Reach shall not cause the overall release
from Ruedi Reservoir to exceed 300 cfs or cause the flow rate in the Fryingpan
River below Ruedi Reservoir to exceed 350 cfs. 3.4 Volume.
3.Pitkin County’s Obligations: Pitkin County shall:
a)County agrees to grant $50,000 to RFC as approved in the County’s 2023 budget,
which was approved by the Board of County Commissioners in December of
2023.
b)The total amount of this contract shall not exceed $50,000 cash maximum in
2023. The County will pay RFC in one lump sum upon acceptance and approval
of the Pitkin County Board of County Commissioners. The return of a completed
contract is required in order to receive payment.
4.General Provisionsa.The Parties to this Contact intend that the relationship between them contemplated
by the Contract is that of independent agency. No agent, employee, or servant
will be solely and entirely responsible for its acts and the act of its
Contract No. 074-2023
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agents, employees, servants and subcontractors during the performance of the
Contract.
b. Payment pursuant to the Contract, if in County, State or Federal funds, whether in
whole or in part, is subject to and contingent upon the continuing availability and
appropriation of County funds for the purpose thereof.
c. This Contract constitutes the full and complete agreement of the parties and
supersedes or incorporates any prior written and oral agreements of the parties. In
addition, RFC understands that no County official or employee, other than the
Board of County Commissioners acting as a body at a Board meeting, has
authority to enter into a Contract or to modify the terms of this Contract on behalf
of the County. Any such Contract or modification to this Contract must be in
writing and be executed by the parties hereto.
5. Default/Cancellation. If RFC shall default in the performance of RFC’s Obligations
pursuant to the terms of this Agreement, and/or fails to provide an accounting or use or
appropriation of monies granted in the manner in which such accounting was represented
to the County, RFC hall have the right to cure said default after written notice by the County
of the default to RFC. If RFC fails to cure such default within sixty (60) days after written
notice is given from the County to RFC specifying the nature of such default (or if such
default cannot be cured within the aforesaid period of time, if the RFC shall fail to promptly
commence to cure the same and to thereafter diligently proceed with such cure), County
shall reserve the right to cancel this Agreement and make a demand for the return of all
monies that County determines, at its sole discretion, were not appropriated in accordance
with this Agreement. Any notice required or permitted under this Agreement shall be in
writing and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent under
this paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other
legal process.
Roaring Fork Conservancy
PO Box 3349
Basalt, CO 81621
6. Entire Agreement: This Agreement constitutes the full and complete Agreement of the
parties hereto and shall not be modified except by a written agreement signed by the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the latest date written below.
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PITKIN COUNTY, COLORADO
By: ____________________________________________________________
Francie Jacober. Chair Date
Pitkin County Board of County Commissioners
ROARING FORK CONSERVANCY
By: ____________________________________________________________
Richard Lafaro Date
Executive Director
Feb-10-2023
Feb-10-2023